Determination Procedure definition

Determination Procedure means for the Calculation Agent to contact, within 8 hours of the Determination Time, the Reference Banks by email or fax to provide 5-year Swap Rate Quotations as of the Determination Date as of the Determination Time. The Calculation Agent

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Determination Procedure means for the Calculation Agent to contact, within 8 hours of the Determination Time, the Reference Banks by email or fax to provide 5-year Swap Rate Quotations as of the Determination Date as of the Determination Time. The Calculation Agent will reflect only those 5-year Swap Rate Quotations which it receives by 6:00 p.m. Frankfurt time on the Determination Business Day following the Determination Date. If at least three quotations are provided, the rate for that Determination Date will be the arithmetic mean of the quotations, after eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest), or in case of three quotations, the remaining quotation. If only two quotations are provided, the Reference Rate will be the arithmetic mean of the quotations provided. If only one quotation is provided, the Reference Rate will be the quotation provided.

Determination Procedure means the following procedure by which ADSI Net Revenues will be determined: The Accountants shall determine ADSI Net Revenues in accordance with GAAP and this Agreement, and such determination by the Accountants shall be subject to review by the Optionee's Accountants. Any disputes will be resolved by the Determining Accountant in the manner set forth herein. In the event that the Optionee does not agree with the Accountant's determination of ADSI Net Revenues, the Optionee shall give written notice to the Company within thirty (30) days after receipt of the Accountants' determination of the ADSI Net Revenues that Optionee contends that ADSI Net Revenues have not been calculated in accordance with GAAP. Such notice shall provide specific reasons for the disagreement. In such event, the Company and the Optionee shall each comply with the further provisions of this Paragraph. If no such written notice is received, then the Accountants' determination of ADSI Net Revenues shall be deemed to be accepted. If such notice is given, then the Company and the Optionee shall try to resolve the disagreement. If no agreement is reached between them within ten (10) business days after the date on which the Optionee gave its notice of disagreement, then the Determining Accountant shall be appointed with instructions to resolve the disagreement and provide a report of its determination of ADSI Net Revenues within thirty (30) business days of its appointment. Such decision of the Determining Accountant shall be binding upon the Optionee and the Company. If the Determining Accountant determines that the ADSI Net Revenues equal or exceed, or are not less than ninety seven and one-half percent (97.5%) of, the ADSI Net Revenues initially determined by the Accountants, the

Examples of Determination Procedure in a sentence

• Upon the completion of the Unit Determination Procedure described in Paragraph 3(d)(3) below, an amended list will be provided if the proposed unit is changed as a result of such Unit Determination Procedure.

• The Company shall post a notice on all bulletin boards of the facility where notices are customarily posted as soon as the Unit Determination Procedure in Paragraph 3(d)(3) below is completed.

• The Inventory will be determined by the Inventory Determination Procedure.

• Upon the completion of the Unit Determination Procedure described in Paragraph 3(d 3) below, an amended list will be provided if the proposed unit is changed as a result of such Unit Determination Procedure.

• The Company shall post a notice on all bulletin boards of the facility where notices are customarily posted as soon as the Unit Determination Procedure in Paragraph 3(d (3) below is completed.

• Upon the completion of the Unit Determination Procedure described in Paragraph 3(d) (3) below, an amended list will be provided if the proposed unit is changed as a result of such Unit Determination Procedure.

• The Company shall post a notice on all bulletin boards of the facility where notices are customarily posted as soon as the Unit Determination Procedure in Paragraph 3(d) (3) below is completed.

• The inventory will be determined by the Inventory Determination Procedure attached hereto as Exhibit "R".

• If the Parties settle the Specified Dispute before the Independent Expert delivers its written decision, the Expert Determination Procedure will be terminated and the Independent Expert shall record the settlement in the form of a consent decision of the Parties.

• If, within twenty (20) days of receipt of the requested information, the Parties have not resolved the Dispute, then such Dispute may be referred by either Party for determination in accordance with the Expert Determination Procedure.

More Definitions of Determination Procedure

Determination Procedure has the meaning given to such term in Condition 10.1;